JUDGMENT

Kang Hwee Gee J:

By this application the plaintiff RHB Bank Berhad (formerly United Malayan Banking Corporation Berhad) seeks an injunction to prohibit the defendant from filing a statutory notice under s. 218 of the Companies Act 1965 to wind up the plaintiff based on the judgment sum of RM803,271.46 or part thereof obtained by the defendant in default of appearance, and to file a petition under s. 217 of the Companies Act 1965 to wind up the plaintiff based on the said judgment sum or part thereof.

The grounds for seeking the injunction is set out in the supporting affidavit of its Pengurus Jabatan Tugas-Tugas Khas, Mohamed Din Dato' Seri Hamidi (encl. 3) which may be summarised as follows:

The defendant had stood as a guarantor of a loan obtained by a person called Phee Ah Ang from the plaintiff's bank. Upon the said person defaulting in the repayment of the loan, the plaintiff commenced civil action D1-23-937-87 against the defendant and after a full hearing obtained judgment for the sum of RM223,562.39 on 23 Mei 1995.

The defendant did not appeal against the judgment but some two years later on 7 July 1997 filed an application to the Court of Appeal for extention of t